Stone v. Kellett Motor Co.

The plaintiff in this action, the Kellett Motor Company, sues defendant for balance due on the purchase price of a tractor sold by plaintiff to one El B. Stone, who had executed a mortgage thereon as security for the debt. The cause was tried by the court Without a jury, resulting in a judgment for the plaintiff — from, which defendant prosecutes this appeal.

The defense rested largely upon the insistence that there was no evidence of a release of E. B. Stone, the original debtor, and the mere verbal promise of defendant to pay the debt comes within the influence of the statute of frauds, and…